Madras High Court
Nallammal vs S.Dhanasekar on 5 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.1166 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.1166 of 2024
1. Nallammal
2. Kamalraj
3. Nanthini
4. Ramya ... Appellants
vs.
1. S.Dhanasekar
2. M/s.New India Assurance Co. Ltd.,
Having Divisional Office at T.P. Hub,
No.252/42, 1st Floor, N.M.Arcad, Opp. ARRS,
Multiplex, Meyyanoor Byepass road,
Salem. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 02.02.2024 in
M.C.O.P.843/2023 on the file of the Motor Accident Claims Tribunal,
Special District Judge, Salem.
For Appellants : Mr.Navaneetha Krishnan
For R2 : Mr.J.Chandran
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.1166 of 2024
JUDGMENT
The appellants are the claimants in M.C.O.P.843/2023 on the
file of the Motor Accident Claims Tribunal, Salem. They filed the claim
petition under Section 166 of the Motor Vehicles Act, 1988 seeking
compensation of Rs.40,00,000/- for the death of one Kamalraj, (son of the
claimants 1 and 2 and brother of the claimants 3 and 4) in a road accident
which happened on 19.02.2023.
2. The brief case of the appellants / claimants is as follows :
On 19.02.2023, Kamalraj (deceased) was riding a two-wheeler
bearing Registration number TN-73-F-8872 on Ranipet-Arcot main road.
When he was nearing Palar old bridge, an Auto bearing Registration
number TN-73-AC-3837, hit the two wheeler, as a result of which,
Kamalraj (deceased) sustained injuries all over his body and died on the
way to hospital.
3. According to the claimants, the rash and negligent driving of
the driver of the Auto bearing registration number TN-73-AC-3837 was
the cause of the accident and that since the said Auto was insured with the
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second respondent, the New India Assurance Company Limited, the
owner and the insurer are jointly and severally liable to pay compensation
to them.
4. In the Tribunal, the owner of the vehicle remained absent and
was set exparte. The second respondent resisted the claim petition on all
the grounds available to the insurer under Section 170 of the Motor
Vehicles Act.
5. The Tribunal after analysing the evidence on record, fastened
negligence on the part of the driver of the Auto and directed the second
respondent, the New India Assurance Company Limited to pay
compensation of Rs.11,85,000/- together with interest at the rate of 7.5%
per annum from the date of petition till the date of realisation, vide its
orders dated 02.02.2024. The Tribunal also held that the liability of the
owner of the Auto and the insurer are joint and several.
6. Aggrieved over the quantum of compensation awarded by the
Tribunal, the appellants / claimants have filed the present appeal under
Section 173 of the Motor Vehicles Act.
7. Heard Mr.Navaneetha Krishnan, learned counsel appearing
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for the appellants and Mr.J.Chandran, learned counsel for the second
respondent.
8. Mr.Navaneetha Krishnan, learned counsel appearing for the
appellants contended that the deceased, aged 24 years, was a JCB driver,
earning a sum of Rs.30,000/- per month. However, the Tribunal had fixed
a very meagre sum of Rs.10,000/- including future prospects, as his
monthly notional income. He, therefore prayed for enhancing the notional
monthly income of the deceased.
9. Per contra Mr.J.Chandran, learned counsel appearing for the
second respondent, contended that the Award passed by the Tribunal is
based on well laid principles of law which were in vogue at the time of
passing of the order and therefore, the same need not be disturbed at this
stage.
10. According to the claimants, the deceased in the instant case
is 24 years, was a JCB driver, earning a sum of Rs.30,000/- per month. In
the absence of income proof, the Tribunal fixed the notional monthly
income of the deceased as Rs.10,000/- including future prospects. It is
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pertinent to point out that the accident took place in the year 2023 and the
deceased was aged 24 years. In the facts and circumstances, this Court is
of the opinion that fixing notional monthly income of the deceased at
Rs.17,000/- would meet the ends of justice. As per the decision of the
Supreme Court of India in National Insurance Co. vs Pranay sethi and
others reported in 2017 (2) TNMAC 601, 40% is added towards future
prospects of the deceased. The deceased died as a bachelor and hence,
50% is deducted towards his personal expenses. The proper multiplier to
be adopted in the instant case is 18 as per the decision rendered in Sarla
Verma and others vs. Delhi Transport Corporation and another
reported in (2009) 6 SCC 121.
Calculation :
Notional Income = Rs.17,000/-
after adding 40% Future Prospects = Rs.23,800/-
After 1/2 deduction = Rs.11,900/-
Loss of dependency :
= Rs.11,900/- x 12 x 18
= Rs.25,70,400/-
In addition to that the claimants are entitled to Rs.1,76,000/- (44,000/-x
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4), Rs.16,500/- and Rs.16,500/- for Loss of Consortium, Loss of Estate
and Funeral Expenses respectively as per the decision in National
Insurance Co. vs Pranay sethi and others (cited supra). Thus, the
claimants are entitled to a total compensation of Rs.27,79,400/-
(25,70,400 + 1,76,000 + 16,500 + 16,500 = 27,79,400) as shown in the
following tabular column:
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.25,70,400 /-
2. Loss of consortium Rs.1,76,000/-
(Rs.44,000/- x 4)
3. Funeral expenses Rs.16,500/-
4. Loss of Estate Rs.16,500/-
Total Rs.27,79,400/-
11. The compensation awarded by the Tribunal is enhanced
from Rs.11,85,000/- to Rs.27,79,400/- which would carry interest at the
rate of 7.5% per annum.
12. In the result,
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i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.11,85,000/- to Rs.27,79,400/-.
iii. The appellants / claimants are directed to pay court fee for the
enhanced compensation amount, if any, within a period of four
weeks from the date of this order and the Registry is directed to
draft the decree only after receipt of the Court fee.
iv. The liability of the first respondent (owner) and the second
respondent (the New India Assurance Company Limited) is joint
and several and the second respondent is directed to deposit the
enhanced compensation amount i.e., Rs.27,79,400/- jointly and
severally (less the amount already deposited) together with interest
at the rate of 7.5% per annum from the date of claim petition till the
date of deposit within a period of four weeks from the date of
receipt of a copy of this order to the credit of M.C.O.P.843/2023 on
the file of the Motor Accident Claims Tribunal, Special District
Judge, Salem.
v. On such deposit being made, the claimants are at liberty to
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withdraw the same as per the orders passed by the Tribunal after
following due process of law. The ratio of apportionment made by
the Tribunal shall be kept intact.
05.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
To
1.The Motor Accidents Claims Tribunal,
Special District Judge, Salem
2. M/s.New India Assurance Co. Ltd.,
Having Divisional Office at T.P. Hub,
No.252/42, 1st Floor, N.M.Arcad, Opp. ARRS,
Multiplex, Meyyanoor Byepass road,
Salem.
3.The Section Officer, VR Section,
Madras High Court, Chennai.
R.HEMALATHA, J.
https://www.mhc.tn.gov.in/judis
vum
05.09.2024
https://www.mhc.tn.gov.in/judis
